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(영문) 대법원 2014.02.13 2013도11460

사기

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of the fraud listed in No. 1 of the first instance judgment among the facts charged in the instant case, on the grounds indicated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent

2. Examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to reverse the judgment of the first instance court and to acquitted the Defendant on the grounds that there is no evidence of the crime committed in the first instance judgment No. 2 or No. 12 among the facts charged against the Defendant, on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.